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  • Family courts

    Having been acquitted in December, I am now about to have to live through the allegations yet again. My estranged wife has petitioned for divorce, citing the alleged rapes of which I was found not guilty. I understand she is also to apply for a court order in respect of the children and her solicitors (biggest firm in the area) have requested that all future correspondence be conducted through them.

    Legal aid is not available in such matters (except for her as the alleged victim of abuse) and there is no way I can afford legal advice.

    My first worry is can the findings of the family court be considered "new and compelling evidence" sufficient to circumvent double jeopardy and cause a retrial?
    Secondly, does anyone have sufficient experience in such matters to be able to rate my chances of getting access to my children?
    "You are not obliged to say anything but it WILL harm your defence if you DO mention something that might help you in court. Anything you say will be put to the complainant so they can change their story."

  • #2
    The "standard of proof" in family courts is much lower than in the criminal courts. (Personally, the standard of proof in criminal courts in sex cases is low - but that's another story)

    "Findings" in the family court can't cause your case to be retried in the criminal courts.

    Roughly where in the UK would the family court hearing take place? There are some free family law clinics in the UK
    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

    Comment


    • #3
      The hearing is likely to be in the same city as the trial (Liverpool, for reasons best known to court authorities), however all parties involved are based in Greater Manchester.
      "You are not obliged to say anything but it WILL harm your defence if you DO mention something that might help you in court. Anything you say will be put to the complainant so they can change their story."

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      • #4
        Either of these might be helpful



        Nigel Priestly at http://ridleyhall.co.uk



        Brendan Fleming at http://www.brendanfleming.co.uk

        For a quick telephone call for advice.

        Also

        https://www.lawworks.org.uk/legal-advice-not-profits

        https://www.liverpool.ac.uk/law/liverpool-law-clinic/

        https://www.lawworks.org.uk/legal-ad...linic-near-you

        http://www.liverpoolecho.co.uk/news/...l-help-8026986

        http://www.blackburnehouse.co.uk/?ne...-advice-clinic


        People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

        PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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